[HISTORY: Adopted by the Town Board of the Town of North
Collins 9-3-1997 by L.L. No. 1-1997. Amendments noted where applicable.]
The Town of North Collins recognizes the increased demand for
wireless communication transmitting facilities and the need for the
services they provide. Often, these facilities require the construction
of a communications tower and/or similar facilities. The intent of
this chapter is to regulate the location, construction and modification
of telecommunications facilities in accordance with the guidelines
of the Telecommunications Act of 1996 and other applicable laws by:
A.
Accommodating the need for telecommunication towers/antennas while
regulating their location and number in the community.
B.
Minimizing adverse visual impacts of these towers/antennas through
proper siting, design and screening.
C.
Preserving and enhancing the positive aesthetic qualities of the
natural environment and current development in the Town of North Collins.
D.
Providing for the health, safety and welfare of the community by
avoiding potential damage or other negative impact to adjacent properties
from tower failure, falling ice, etc., through proper sighting and
engineering.
E.
Requiring the joint use of towers when available and encouraging
the placement of antennas on existing structures to minimize the number
of such structures in the future.
As used in this chapter, the following terms shall have the
meanings indicated:
A nonhabitable accessory facility or structure serving or
being used in conjunction with a communications tower and/or similar
facility and usually located on the same lot as the communications
tower. Examples of such structures include utility or transmission
equipment storage sheds or cabinets.
A system of electrical conductors that transmit or receive
frequency signals. Such signals shall include but not be limited to
radio, television, cellular, paging, digital and/or data communications,
personal wireless communication services (PWS) and microwave communications.
Towers and/or antennas and accessory structures together
used in connection with the provision of cellular telephone service,
personal communications services, digital and/or data communication
services, paging services, radio and television broadcast services
and similar broadcast services (also referred to as "facilities" or
equipment").
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures
which do or which do not employ camouflage technology.
A.
No telecommunications facility shall be sited, located, constructed,
erected or modified without the issuance of a building permit and
such other permits or approvals as are prescribed in this chapter.
B.
All applications shall be processed with due regard for lighting
and safety requirements of federal, state and/or local agencies and/or
emergency services (such as Mercy Flight, Erie County Sheriff's Department,
Federal Aviation Administration standards, etc.). The Town may request
the applicant to provide proof that the applicant has reviewed the
lighting and safety requirements of the proposed tower with such federal,
state and/or local agency prior to approval.
C.
Co-located/existing structure antennas.
(1)
An antenna that is to be attached to an existing communications tower,
smokestack, water tower or other existing structure is permitted in
all zoning districts.
(2)
Approvals and bulk requirements.
(a)
The antenna is permitted as of right upon issuance of a building
permit. The building permit application will include the following:
[1]
A structural analysis/report, certified by a New York State
licensed professional engineer or architect, verifying the ability
of the structure to support the antenna.
[2]
Certification by a qualified radio frequency engineer (signed
and sealed by a professional engineer registered in the State of New
York) that the cumulative emissions from all antennas proposed to
be located at the proposed site meet federal guidelines.
(b)
The height of the new antenna shall not extend above the height
of the existing structure by more than 50 feet.
(c)
The antenna and any mounting structure and related equipment
shall be integrated into said structure in such a manner as to minimize
its visual impact to the greatest extent practicable.
D.
Non-co-located/new structure antennas. An antenna that will not be
mounted on an existing structure as defined above, or is more than
50 feet higher than the existing structure on which it is mounted
is permitted in accordance with the following regulations.
(1)
No application for a non-co-located or a new site for a telecommunications
facility shall be considered complete unless and until the applicant
shall have submitted a report which establishes to the satisfaction
of the Planning Board the following:
(a)
That the applicant is required to provide service to locations
which it is not able to serve through existing facilities which are
located either within or outside of the Town, showing the specific
locations and/or areas the applicant is seeking to serve.
(b)
The report shall set forth an inventory of existing facilities
and/or structures, within or outside of the Town, which might be utilized
or modified in order to provide coverage to the location the applicant
is seeking to serve and include a report on the possibilities and
opportunities for co-location as an alternative to a new site.
(c)
The applicant must demonstrate that the proposed facility cannot
be accommodated on any such existing facility or structure either
within or outside of the Town due to one or more of the following
reasons:
[1]
The proposed equipment would exceed the existing and reasonably
potential structural capacity of existing facilities or structures
within or outside of the Town considering existing and planned use
for those facilities or structure.
[2]
The existing or proposed equipment would cause interference
with other existing or proposed equipment which could not reasonably
be mitigated or prevented.
[3]
Said existing facilities or structures do not have space on
which the proposed equipment can be placed so it can function effectively
and reasonably, and/or the applicant has not been able, following
good faith efforts, to reach an agreement with the owner(s) of such
facilities or structures.
[4]
Other reasons which make it impracticable to locate or place
the proposed equipment on said facilities or structures.
E.
Zoning districts, approvals and bulk requirements. In all zoning
districts, new towers must be set back a minimum of 500 feet from
all residential dwellings, schools and historic structures.
(1)
On municipal or government-owned property or in industrial districts:
(2)
In Industrial Districts.
(a)
Approvals and bulk requirements. Site plan approval and a tower
special permit as set forth herein.
(b)
The tower shall be set back a minimum of the height of the tower
from all property lines and any existing building(s) in these zoning
districts. The Planning Board may require an additional setback area
in the case of guyed towers taking into consideration the length of
guy wires and the location of ground anchors.
(c)
The maximum height of a tower in these zoning districts is 195
feet. A variance will be required from the Zoning Board of Appeals,
following review by the Planning Board, to exceed this height.
(d)
Towers exceeding 195 feet in height in these zoning districts
shall be treated as Type I Actions under the State Environmental Quality
Review Act (SEQRA).
(3)
In Business, Residential and Agricultural Districts.
(a)
Approvals and bulk requirements. Site plan review and a tower
special permit shall be required.
(b)
The tower shall be set back a minimum of the height of the tower
from all property lines and any existing building(s) in these zoning
districts. The Planning Board may require an additional setback area
in the case of guyed towers taking into consideration the length of
guy wires and the location of ground anchors.
(c)
The maximum height of a tower in these zoning districts is 100
feet. A variance will be required from the Zoning Board of Appeals,
following review by the Planning Board, to exceed this height.
(d)
All applications for telecommunications facilities in these
zoning districts shall be treated as Type I Action under the SEQRA.
A.
The Town Board shall be the issuing agency for all tower special
permits and shall also be the lead agency for SEQRA.
B.
All applicants for tower special permits shall file a building permit
application and make written application to the Town Board, through
the Code Enforcement Officer. This application shall include:
(1)
Building permit application form and a letter from the applicant to be used as the tower permit application form. In addition to the requirements set forth herein, all applications shall be processed in accordance with the requirements of Chapter 206, Site Plan Review, of the Town of North Collins Code, generally applicable to special permits. The application shall be accompanied by the payment of the tower special permit application fee, as established by the Town Board in the schedule of fees.[1] In addition to the tower special permit application fee,
the applicant shall also be responsible for all reasonable costs incurred
by the Town in reviewing and analyzing any engineering or technical
reports or studies submitted by the applicant relative to its application.[2]
(3)
Site plan, in form and content acceptable to the Town, complying with the requirements of Chapter 206, Site Plan Review, of the Town of North Collins Code, prepared to scale and in sufficient detail and accuracy. In addition to the requirements of Chapter 206, Site Plan Review, of the Town of North Collins Code, said site plan shall also show:
(a)
The exact location of the proposed tower, together with guy
wires and ground anchors, if applicable, and any accessory structures.
(b)
The maximum height of the proposed tower.
(c)
A detail of tower type (monopole, guyed, freestanding, or other).
(d)
The color or colors of the tower.
(e)
The location, type and intensity of any lighting on the tower.
(f)
A survey showing the boundary of the property and a topographical
map of the property with contour lines not exceeding five-foot intervals.
(g)
Proof of ownership of the land by the applicant or the landowner's
consent if the applicant will not own the property. (A copy of the
final lease agreement must also be provided if the applicant will
not own the property.)
(h)
The location of all current and proposed structures on the property
and all structures on any adjacent property within 50 feet of the
property lines, together with the distance of these structures to
the tower.
(i)
Identification of adjacent landowners (for example, a copy of
the current Tax Map and printout from the Assessor's office).
(j)
The location, nature and extent of any proposed fencing and
landscaping or screening. Existing on-site vegetation shall be preserved
to the maximum extent possible.
(k)
The location and nature of proposed utility easements and access
road, if applicable. The applicant must demonstrate that all private
access roads will be maintained in order to insure access by emergency
vehicles on a year-round basis.
(l)
Building elevations of accessory structures or immediately adjacent
buildings.
(m)
The location and nature of any power generators existing or
to be constructed in connection with the proposed tower and/or related
telecommunications facilities.
(4)
"Before" and "after" propagation studies prepared by a qualified
radio frequency engineer (signed and sealed by a professional engineer
registered in the State of New York) demonstrating existing signal
coverage, contrasted with the proposed signal coverage resulting from
the proposed telecommunications facility.
(5)
A "search ring" analysis prepared by a qualified radio frequency
engineer (signed and sealed by a professional engineer registered
in the State of New York) and overlaid on an appropriate background
map demonstrating the area within which the telecommunications facility
needs to be located in order to provide proper signal strength and
coverage to the target cell. The applicant must be prepared to explain
to the Planning Board, and/or the Town Board, how and why it selected
the proposed site, discuss the availability (or lack of availability)
of a suitable structure within the search ring which would have allowed
for co-located antenna(s) and to what extent the applicant explored
locating the proposed tower in a more desirable use district. Proof
of correspondence with other telecommunications companies concerning
co-location may be part of this requirement.
(6)
The Planning Board and/or the Town Board, upon reviewing the application,
may request reasonable additional visual and aesthetic and site information
as it deems appropriate on a case-by-case basis. Such additional information
may include, among other things, visual impact statements, enhanced
landscaping plans, line-of-sight drawings, and/or visual simulations
from viewpoints selected by the Town staff/advisory committees. Visual
impact statements, line-of-sight drawings and visual simulations are
mandatory for applications in Residential and Local Business Zoning
Districts.
(7)
For sites in close proximity to significant historical sites or important
preservation/conservation areas, the Town may require additional site
plan and tower special permit requirements. These requirements can
include specialty designed towers, additional screening, greater setbacks
and improved landscaping. Siting in these areas should be avoided
to the maximum extent possible.
The following criteria will be considered by the Town prior
to the approval/denial of a request for a site plan approval and/or
a tower special permit. The criteria listed may be used as a basis
to impose reasonable conditions on the applicant. All denials shall
be in writing and supported by substantial evidence contained in a
written record. Tower special permits are nonassignable and nontransferable.
A.
Siting preferences.
(1)
The Town may express a preference for an alternative site(s) and/or
that the proposed telecommunications facility be located in a higher-intensity
use district or on higher-intensity use property, provided there is
a technologically feasible and available location. A guideline for
the Town's preference, from most desirable to least desirable
zoning districts/property, is as follows:
(2)
Any request by the Town for information or technical analysis on
a preferred alternate site shall be provided by the applicant at its
sole cost and shall not unreasonably delay the application. Facilities
to be located on property owned by the Town or upon land owned by
governmental entities other than the Town of North Collins shall,
to the extent applicable, comply with any additional legal requirements
imposed by such municipalities or other governmental entities.
B.
Aesthetics. Telecommunications facilities shall be located and buffered
to the maximum extent which is practical and technologically feasible
to help ensure compatibility with surrounding land uses. In order
to minimize any adverse aesthetic effect on neighboring residences
to the extent possible, the Planning Board and/or Town Board may impose
reasonable conditions on the applicant, including, but not limited
to, the following:
(1)
Tower height and design are matters of primary public concern.
(a)
The Board may require a monopole or guyed tower (if sufficient
land is available to the applicant) instead of a freestanding tower.
Monopoles are a preferred design.
(b)
The Board may impose reasonable restrictions and/or conditions
on height. For example, the Board may reasonably determine that adverse
impact upon the community will be best mitigated by requiring the
applicant to construct multiple towers of lower height at several
different locations to meet the applicant's demonstrated service
coverage requirement(s) or that the tower height be reduced in the
future if the applicant is unable to demonstrate a continuing need
for the approved height in light of changes in the applicant's
service coverage needs or technological advances.
(2)
The Board may require reasonable landscaping consisting of trees
or shrubs to screen the base of the tower and/or to screen the tower
and any accessory structure or buildings to the extent possible from
adjacent residential property. Existing on-site trees and vegetation
shall be preserved to the maximum extent possible.
(3)
The Board may require the applicant to show that it has made good
faith efforts to co-locate on existing towers or other available and
appropriate structures and/or to construct new towers near existing
towers in an effort to consolidate visual disturbances.
(4)
Towers should be designed and sited so as to avoid, whenever possible,
application of FAA lighting and painting requirements. Towers shall
be of a nonreflective finish; color subject to Board approval, unless
otherwise required by the FAA or the Town. Any lights which may be
required by the FAA or the Town shall not consist of strobe lights
unless specifically mandated by the FAA. The Town may require lights
to be shielded to minimize ground visual impact.
(5)
No tower shall contain any signs or advertising devices. Notwithstanding
the foregoing, the Board may require appropriate signage indicating
ownership of the facility and phone numbers to call in case of emergency.
(6)
The applicant must submit a copy of its policy regarding co-location
on the proposed tower with other potential future applicants. Such
policy should allow co-location under the following conditions:
(a)
The new antenna(s) and equipment do not exceed structural loading
requirements, interfere with Town space used or to be used by the
applicant nor pose any technical or radio frequency interference with
existing equipment;
(b)
The party desiring to co-locate pays the applicant an appropriate
and reasonable sum to co-locate; and
(c)
The party desiring to co-locate has a similar policy of co-location
for the applicant.
(7)
All other uses ancillary to the antenna and associated equipment
(including a business office, maintenance depot, vehicle storage,
etc.) are prohibited from the site unless otherwise permitted in the
zoning district in which the facility is located.
(8)
In the interest of public safety (mercy flights in particular), towers
exceeding 100 feet in height shall have red warning lights meeting
Federal Aviation Administration Standards.
C.
Radio-frequency effect.
(1)
The Planning Board and/or the Town Board shall impose a condition
on the applicant that the communication antenna will be operated only
at Federal Communication Commission (FCC) designated frequencies and
power levels and/or Environmental Protection Agency (EPA) technical
exposure limits, and may periodically require that the applicant provide
competent documentation to support that maximum allowable frequencies,
power levels and exposure limits for radiation will not be exceeded.
(2)
Unless otherwise preempted by federal or state law, the telecommunication
facility shall be inspected every two years at the applicant's
expense for radio emissions, and a copy of the report shall be promptly
delivered to the Code Enforcement Officer. Radio emission inspection
shall be performed by a New York State licensed professional engineer
specializing in electrical engineering with expertise in radio communication
facilities. The radio emission inspection shall describe the power
density levels of the electromagnetic energy generated from the facility,
including the cumulative effects of co-located antennas. In the event
that the radio emission inspection indicates that the electromagnetic
energy generated from the facility are above the allowable limits
stated within applicable FCC or ANSI standards or other applicable
federal or state guidelines in effect at the time of the inspection,
the applicant shall cease all use of the facility until such time
as it proves to the satisfaction of the Code Enforcement Officer that
the power density levels of the electromagnetic energy to be generated
at the facility are below the applicable standards.
D.
Traffic, access and safety.
(1)
A road turnaround and one parking space shall be provided to assure
adequate year-round emergency and service access. Maximum use of existing
roads, public or private, shall be made. The use of public roadways
or road rights-of-way for the siting of a tower or antenna(s) accessory
structures is prohibited.
(2)
All towers and ground anchors, if applicable, shall be enclosed by
a fence not less than eight feet in height and otherwise sufficiently
protected from trespassing or vandalism. Screen planting may be required
by the Board of all fenced areas.
(3)
The applicant shall comply with all applicable state and federal
regulations, including, but not limited to, FAA and FCC regulations
and from time to time may be required to provide certification of
such compliance.
E.
Removal of tower.
(1)
The applicant shall agree to remove the tower if the telecommunications
facility becomes obsolete or ceases to be used for its intended purpose
for 12 consecutive months. The Planning Board and/or the Town Board
shall require the applicant to provide an appropriate and adequate
demolition bond for purposes of removing the telecommunications facility
in case the applicant fails to do so as required above.
(2)
The sufficiency of the demolition bond shall be confirmed at least
every five years by an analysis and report of the cost of removal
and property restoration to be performed by a New York State licensed
professional engineer, the cost of same to be borne by the applicant.
If said analysis and report determines that the amount of the bond
in force is insufficient to cover the removal, disposal and restoration
costs, the bond shall be increased to the amount necessary to cover
such costs within 10 days of the applicant's receipt of such
report.
F.
Structural safety.
(1)
During the application process and after construction of the tower,
the applicant shall provide a certification from a qualified New York
State licensed professional engineer certifying that the tower meets
applicable New York State and (ANSI) structural safety standards.
(2)
Unless otherwise preempted by federal or state law, the telecommunication
facility shall be inspected every two years at the applicant's
expense for structural integrity, and a copy of the report shall be
promptly delivered to the Code Enforcement Officer. The structural
inspection shall be performed by a New York State licensed professional
engineer specializing in structural engineering. The structural inspection
report shall describe the structural integrity of the facility, maintenance
issues and repairs needed or made, if any. In the event that the structural
inspections indicates structural deficiencies, then the deficiencies
must be remedied within the time reasonably set by the Code Enforcement
Officer. Upon the applicant's failure to do so, the permit may
be revoked.
G.
Maintenance of telecommunications facility. All telecommunications
facilities shall be maintained in good order and repair. The Town
may require reasonable records of such maintenance be kept and available
for Town review upon request.
A.
Tower and antenna(s) may be repaired and maintained without restriction.
B.
The following are exempt from the provisions of this chapter:[1]
A.
This chapter is adopted pursuant to the zoning and planning powers
granted to the Town under applicable law. In the event of any violation
of this chapter or any permit(s) issued hereunder, the Town may seek
enforcement under any available authority, including, but not limited
to, Town Law § 268.
B.
Any facility receiving a tower special permit or site plan approval
that subsequently does not meet the requirements and/or conditions
of that permit or approval, shall have its permit or approval revoked,
and the tower and other facilities shall be removed within 90 days
of notification by the Town.
